Setting Aside Judgment In Default Malaysia

Unsatisfied juang setia appealed to the high court judge against the decision of the registrar and for a determination of tindak murni s application to stay the court proceedings.

Setting aside judgment in default malaysia. The court of appeal in pembangunan tanah dan perumahan sdn bhd v raja qahaarruddin raja abdul aziz 2020 2 clj 519 recently considered whether a judgment in default can be impeached by fresh proceedings on the ground that the judgment in default was obtained by fraud and conspiracy instead of the usual setting aside procedure. Unsatisfied juang setia appealed to the high court judge against the decision of the registrar and for a determination of tindak murni s application to stay the court proceedings. Iii order 42 rule 13 rules of court 2012 roc 2012 provides the defendant with 30 days after the service of the judgment in default of appearance on him to make an application to court to set it aside and it reads as follows save as otherwise provided in these rules for the setting aside or varying of any order or judgment a party intending to set aside or vary such order or judgment.